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CA Intermediate · Corporate and Other Laws · The General Clauses Act, 1897

A Central Act passed in 2020 states that it shall come into force on 1 April 2021, and it does not say anything about the exact moment of commencement. Under the General Clauses Act, 1897, from which moment does the Act come into operation?

The Act operates from the first moment of 1 April 2021. The General Clauses Act provides that a Central Act comes into operation immediately on the expiration of the day preceding its stated commencement day, so the commencement day is included in full.

  1. AFrom the first moment of 1 April 2021, that is, immediately on the expiry of 31 March 2021Correct
  2. BFrom noon on 1 April 2021
  3. CFrom the end of 1 April 2021
  4. DFrom the moment the President gives assent to the Act

Explanation

Under the General Clauses Act, a Central Act or Regulation comes into operation immediately on the expiration of the day preceding its commencement day. So an Act commencing on 1 April 2021 operates from the first moment of that day. Noon or end of day are not the statutory rule, and assent date applies only where no commencement date is given.

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